LexTHE JANATA DAL & ORS. ETC. versus H.S. CHOWDHARY & ORS. ETC.
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A THE JANATA DAL & ORS. ETC. v. ·\ H.S. CHOWDHARY & ORS. ETC. .. AUGUST 27, 1991 B [S,.RATNAVEL PANDIAN AND K. JAYACHANDRA c REDDY, H:J . Criminal Trial-Criminal case ~egistered ag~inst specified persons. -Public interest litigation by third party-Whether maintainable. Constitution of India, 195~Articlc >I-A-Public interest litiga- tion by a lawyer before Special Judge in the. case under Section 120B read with Sections 161, 162, 163, 164, 165A of'IPC Sections 5(2), 5( l)(d), 5(2)/5( l)(c), Preveniion of Corruption Act, pending-Main- , tainability of. D. Criminaf Procedure Code, 1973-Sections 397, 401, 482-Revi- sional jurisdiction of High Court~Whether invokable by public interest litigation. - . . ' ' y '/ Criminal Procedure Code, 1973-Sections 397, 401, 482-Suo- · -.,.. moto action-Registering a case under the title _"Court on its motion v. E State and CBJ"-Legality qf. On 22.1.90 a First Information Report was registered. under section 120-B read with sections 161, 162, 163, 164 and 165A of the Indian Penal Code .read with Sections 5(2), 5(1)(d) and 5(2)/5(1)(c) of the Prevention of Corruption Act, 1947 read with sections 409, 420, 468 ~ F and 471 of the Indian Penal COde against 14 accused alleging that they · entered into a criminal conspiracy, obtairied illegal gratification in the form of money from BOFORS, a Swedish company through the agent firms/companies/persons as motive or reward for such· public servants who by corrupt or illegal means or by otherwise dishonestly using their . official position as public servants caused pecuniary ·advantage to G themselves, BOFORS, the agents and others in awarding contracts to. BO FORS for the supply of guns to the Government of India and in the transaction also committed the offences of criminal breach of trust, - -..: cheating of Union oflridia;forgery and using offorged documents etc • . • The C.B.I. commenced its investigation during the course of H which statements of witnesses were recorded and took into their custody 752 JANATA DAL v. H.S. CHOWDHARY 753 various documents and files relating to this BOFORS deal. The C.B.I. moved an application before the Special Judge stating that the investigation of the case was to be conducted not only in India, ' but also in Switzerland, Sweden and other countries, that an important aspect of the investigation whlch was to be conducted in Switzerland was to collect documentary and oral evidence relating to all aspects of the accounts in banks in Switzerland to which remittances were made by M/s. A.B. Bofors from Sweden; that the Director of the C.B.I. requested the concerned authorities in Switzerland for _freezing/block- ing certain bank accounts relevant to this case and the Federal Depart- ment of Justice and Policy, Switzerland moved Judge of Geneva and the concerned Judge of Zurich; that the relevant accounts in the bank had been blocked upto 28.2.1990 and that request for judicial assistance from Switzerland in this matter, therefore, should be made by 28.2.1990 failing which the Swiss Law obliges the withdrawal of instruc- tions to block the accounts th!e Swiss authorities would render assistance A B c in the investigation in Switzerland in accordance with the mutual assis- tance agreement dated 20.2.1989 only on receipt of a Letter Rogatory D from the competent judicial authorities in India. -f The C.B.I. requested the Special Judge to send a Letter Rogatory/ request to Switzerland urgently for getting the necessary assistance in the investigation to be conducted in Switzerland lest very important and relevant evidence would remain uncollected and the cause of justice E would be frustrated. ~ The Special Judge allowed the application of the C.B.I. Before the new Special Judge who assumed charge of the office from the previous Special Judge, the appellant in Cr!. A. No. 306/91 p filed a Public Interest Litigation under Article 51-A of the Constitution of India praying that n~ Rogatory letter be issued on the formal request of the CBI unless the allegations against named persons were estab- ' lished to the satisfaction of the Court; that no request for Rogatory or freezing bank account be made to Swiss Govt: unless the concerned . persons were noticed and heard on the subject; that the petitioner be G permitted to join during inquiry in the capacity of public interest liti- gant; that inquiry u/s. 340, Cr.P.C. be held to determine th
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